FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS 
          
          
          
          
          
          
          
               CONDITIONS OF SUB CONTRACT 
          
               FOR WORKS OF CIVIL 
          
               ENGINEERING CONSTRUCTION 
          
                     
              Part  I - General Conditions 
               
              Part II - Guidance for Preparation of 
              Conditions of Particular Application 
               
              With Forms of Offer and Agreement 
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
              (For use in conjunction with the Conditions of Contract for Works of Civil  
              Engineering Construction, Fourth Edition 1987 Reprinted 1992 with further 
              Amendments) 
               
               
               ST
              1  Edition 1994
          
                         
                        FIDIC is the International Federation of Consulting Engineers comprised of 
                        National Associations whose members comply with FIDIC's Code of Ethics 
                         
                         
                        FIDIC was founded in 1913 by three national associations of independent 
                        consulting engineers within Europe. The objectives of forming the federation 
                        were to promote in common the professional interests of the member associations 
                        and to disseminate information of interest to members of its component national 
                        associations. Today FIDIC membership numbers 56 countries from all parts of 
                        the  globe,  representing  most  of the independent consulting engineers in the 
                        world. 
                         
                         
                        FIDIC arranges seminars, conferences and other events in the furtherance of its 
                        goals: maintenance of high ethical and professional standards; exchange of views 
                        and information; discussion of problems of mutual concern among member 
                        associations and representatives of the international financial institutions; and 
                        development of the engineering profession in developing countries. 
                         
                         
                        FIDIC publications include proceeding of the various conferences and seminars, 
                        information  for  consulting  engineers,  project  owners  and  international 
                        development agencies, standard pre-qualification forms contract documents and 
                        client/consultant agreements.  They are available from the FIDIC secretariat in 
                        Switzerland. 
                         
                         
                         
                         
                         
                         
                         
                         
           
                         
           
                        ©Copyright FIDIC 1994 
                         
                        All rights reserved. 
                        No part of this publication may be  
                        reproduced or transmitted in any 
                        form or by any means without 
                        permission of the publisher. 
                         
                        Published by 
                        Fédération Internationale des 
                        Ingénieurs-conseils (FIDIC) 
                        P.O. Box 86 
                        1000 Lausanne 12 
                        Switzerland 
                        Phone      +41 21 654 44 11 
                        Fax        +41 21 653 54 32 
                        E-mail   fidic@fidic.org 
                        WWW   http://www.fidic.org 
           
                                           
                                           
                                           
                                           
         
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
                                           
         
                                           
                                           
                                          CONDITIONS OF SUBCONTRACT 
                                          FOR WORKS OF CIVIL 
                                          ENGINEERING CONSTRUCTION 
                                           
                                           
                                          Part  I - General Conditions 
                                           
                                          Part II - Guidance for Preparation of 
                                          Conditions of Particular Application 
                                           
                                          With Forms of Offer and Agreement 
                                           
                                           
                                           
         
         
                                          (For use in conjunction with the Conditions of Contract for 
                                          Work of Civil Engineering Construction, Fourth Edition 1987 
                                          Reprinted 1992 with further amendments) 
                                           
                                           st
                                          1  Edition 1994
         
                                                            FOREWORD 
                                                            The terms of the Conditions of Subcontract for Works of Civil Engineering 
                                                            Construction  have  been  prepared  by  the  Fédération  Internationale  des 
                                                            Ingénieurs-Conseils (FIDIC) and are recommended for use in conjunction with 
                                                            the  Conditions  of  Contract  for  Works  of  Civil  Engineering  Construction 
                                                            (Fourth  Edition  1987,  Reprinted  1992  with  Further  Amendments).  The 
                                                            Conditions,  subject  to  minor  modifications,  are  equally  suitable  when  the 
                                                            Subcontractor has been nominated by the Employer. 
                                                            The version in English of the Conditions is considered by FIDIC as the official 
                                                            and authentic text for the purpose of translation. 
                                                            In the preparation of the Conditions of Subcontract it was recognised that while 
                                                            there are numerous Clauses which will be generally applicable there are some 
                                                            Clauses which must necessarily vary to take account of the circumstances and 
                                                            locality of the Subcontract Works.  The Clauses of general application have 
                                                            been grouped together in Part I of this document and are referred to as Part I - 
                                                            General Conditions. They have been printed in a form which will facilitate 
                                                            their inclusion as printed in the subcontract documents normally prepared. 
                                                            The  General  Conditions  are  linked  with  the  Conditions  of  Particular 
                                                            Application,  referred  to  as  Part  II  of  the  Subcontract,  by  the  corresponding 
                                                            numbering  of  the  Clauses,  so  that  Parts  I  and  II  together  comprise  the 
                                                            Conditions of Subcontract governing the rights and obligations of the parties. 
                                                            The Conditions of Particular Application must be specially drafted to suit each 
                                                            individual Subcontract.  The guidance in Part II of this document is intended to 
                                                            aid in this task by giving options for various clauses where appropriate. 
                                                            Use of clauses in Part II may be necessary or appropriate for one or more reasons, 
                                                            of which the following are examples: 
                                                            (i)    Where the wording in Part I specifically requires that further information 
                                                            is  to  be  included in Part II and the Conditions of Subcontract would not be 
                                                            complete  without  that  information,  namely  in  Sub-Clauses  1.1  paragraphs 
                                                            (a)(i), (ii) and (iv), (b)(i) and (e)(ii), 2.3, 6.1, 15.1 and 15.2. 
                                                            (ii)  Where the wording in Part I indicates that supplementary information may 
                                                            be  included  in  Part II,  but  the  Conditions  of  Subcontract  would  still  be 
                                                            complete without any such information, namely in Sub-Clauses 4.4, 5.2, 5.3, 
                                                            6.2, 7.3, 12.1, 19.1, 19.2 and Clause 22. 
                                                            (iii)  Where  the  type,  circumstances  or  locality  of  the  Subcontract  Works 
                                                            necessitate  additional  Clauses  or  Sub-Clauses  (for  example,  when  the 
                                                            Subcontractor has been nominated by the Employer). 
                                                            (iv)  Where  the  governing  law  or  exceptional  circumstances  necessitate  an 
                                                            alteration in Part I.  Such alterations should be effected by stating in Part II that 
                                                            a  particular  Clause,  or  part  of  a  Clause,  in  Part  I  is  deleted  and  giving  the 
                                                            substitute Clause, or part, as applicable. 
                                                            In Part II, in the case of some Clauses, example wording is provided.  In other 
                                                            cases,  however,  only  guidance  for  drafting  purposes  is  given.    Before 
                                                            incorporating  any  example  wording  it  must  be  checked  to  ensure  that  it  is 
                                                            wholly suitable for the particular circumstances and, if not, it must be varied.  
                                                            Where example wording is varied and in all cases where additional material is 
                                                            included in Part II, care must be taken to ensure that no ambiguity is created 
                                                            with Part I or between the Clauses in Part II.